Updates to Bureau of Indian Affairs Categorical Exclusions Under the National Environmental Policy Act, 9535-9538 [2018-04513]
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
any previous mortgage loan sale of
HUD;
6. An employee of HUD’s Office of
Housing, a member of such employee’s
household, or an entity owned or
controlled by any such employee or
member of such an employee’s
household with household to be
inclusive of the employee’s father,
mother, stepfather, stepmother, brother,
sister, stepbrother, stepsister, son,
daughter, stepson, stepdaughter,
grandparent, grandson, granddaughter,
father-in-law, mother-in-law, brother-inlaw, sister-in-law, son-in-law, daughterin-law, first cousin, the spouse of any of
the foregoing, and the employee’s
spouse;
7. A contractor, subcontractor and/or
consultant or advisor (including any
agent, employee, partner, director, or
principal of any of the foregoing) who
performed services for or on behalf of
HUD in connection with the sale;
8. An individual or entity that
knowingly acquired or will acquire
prior to the sale date material nonpublic information, other than that
information which is made available to
Bidder by HUD pursuant to the terms of
this Qualification Statement, about
mortgage loans offered in the sale;
9. An individual or entity that
knowingly uses the services, directly or
indirectly, of any person or entity
ineligible under 1 through 10 to assist
in preparing any of its bids on the
mortgage loans;
10. An individual or entity which
knowingly employs or uses the services
of an employee of HUD’s Office of
Housing (other than in such employee’s
official capacity); or
The Qualification Statement has
additional representations and
warranties which the prospective bidder
must make, including but not limited to
the representation and warranty that the
prospective bidder or its Related
Entities are not and will not knowingly
use the services, directly or indirectly,
of any person or entity that is, any of the
following (and to the extent that any
such individual or entity would prevent
the prospective bidder from making the
following representations, such
individual or entity has been removed
from participation in all activities
related to this sale and has no ability to
influence or control individuals
involved in formation of a bid for this
sale):
(1) An entity or individual is
ineligible to bid on any included reverse
mortgage loan or on the pool containing
such reverse mortgage loan because it is
an entity or individual that:
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(a) Serviced or held such reverse
mortgage loan at any time during the
six-month period prior to the bid; or
(b) is any principal of any entity or
individual described in the preceding
sentence;
(c) any employee or subcontractor of
such entity or individual during that
six-month period; or
(d) any entity or individual that
employs or uses the services of any
other entity or individual described in
this paragraph in preparing its bid on
such reverse mortgage loan.
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding HVLS 2018–1,
including, but not limited to, the
identity of any successful qualified
bidder and its bid price or bid
percentage for any pool of loans or
individual loan, upon the closing of the
sale of all the Mortgage Loans. Even if
HUD elects not to publicly disclose any
information relating to SFLS 2018–1,
HUD will disclose any information that
HUD is obligated to disclose pursuant to
the Freedom of Information Act and all
regulations promulgated thereunder.
Scope of Notice
This notice applies to HVLS 2018–1
and does not establish HUD’s policy for
the sale of other mortgage loans.
Dated: February 23, 2018.
Dana T. Wade,
General Deputy Assistant Secretary for
Housing.
[FR Doc. 2018–04528 Filed 3–5–18; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900 253G]
Updates to Bureau of Indian Affairs
Categorical Exclusions Under the
National Environmental Policy Act
Bureau of Indian Affairs,
Interior.
ACTION: Notice of proposed action and
request for comments.
AGENCY:
The Bureau of Indian Affairs
(BIA) is proposing to amend its
categorical exclusions (CATEXs) under
the National Environmental Policy Act
of 1969 (NEPA) for certain BIA actions
and is seeking comment. The BIA is
requesting comment on whether to
revise or delete any current CATEXs or
add any new CATEXs.
SUMMARY:
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9535
Comments and related material
must be postmarked no later than May
7, 2018.
ADDRESSES: Please submit your
comments by only one of the following
means: (1) By mail to: Dr. BJ Howerton,
MBA, Branch Chief Environmental and
Cultural Resource Management C/O
Department of the Interior, 12220
Sunrise Valley Drive, Reston, VA 20192;
or (2) by email to: bj.howerton@bia.gov.
Please put ‘‘CATEX’’ in the subject line.
FOR FURTHER INFORMATION CONTACT: Dr.
BJ Howerton, (703) 390–6524, email:
bj.howerton@bia.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
The NEPA requires Federal agencies
to consider the potential environmental
consequences of their decisions before
deciding whether and how to proceed.
The Council on Environmental Quality
(CEQ) encourages Federal agencies to
use CATEXs to protect the environment
more efficiently by: (a) Reducing the
resources spent analyzing proposals
which generally do not have potentially
significant environmental impacts, and
(b) focusing resources on proposals that
may have significant environmental
impacts. The appropriate use of
CATEXs allow the NEPA review to be
concluded without preparing either an
environmental assessment (EA) or an
environmental impact statement (EIS)
(40 CFR 1500.4(p) and § 1508.4).
The CEQ regulations implementing
NEPA define CATEXs as a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment, and for which,
therefore, neither an EA nor an EIS is
required. (40 CFR 1508.4). The CEQ
regulations encourage the use of
CATEXs to reduce unnecessary
paperwork and delays. A CATEX is a
form of NEPA compliance; it is not an
exemption from NEPA, but an
exemption from requirements to prepare
an EIS. Agency procedures must
consider ‘‘extraordinary circumstances,’’
in which case a normally excluded
action may have a significant effect and
require preparation of an EA or EIS.
The Department of the Interior
(Interior) has established CATEXs at 43
CFR 46.210. In addition, BIA has
bureau-specific CATEXs. The most
recent CATEXs BIA established were
three based on CATEXs currently used
by the United States Forest Service (FS),
as described in FS regulations 36 CFR
220, and by the Bureau of Land
Management (BLM), as described the
Departmental Manual, 516 DM 11. The
BIA relied on the experience of the FS
and BLM and applied its expertise to
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benchmark these CATEXs and
determined these are appropriate to
establish as BIA CATEXs. Because these
CATEXs have important implications
for actions occurring on Indian lands,
the BIA initiated consultation and
requested comments from all federally
recognized Tribes. This consultation
period began on July 23, 2014, and
concluded on September 21, 2014. A
notice published in the Federal Register
on November 14, 2014 (79 FR 68287)
solicited public comments for that
CATEX and ultimately, BIA adopted the
forestry CATEXs. See 80 FR 8098 (Feb.
13, 2015).
This notice provides information on
current BIA CATEXs and requests
comment.
II. Current BIA CATEXs
Most of the current BIA CATEXs
reside in the Departmental Manual in
Part 516 Chapter 10: Managing the
NEPA Process—Bureau of Indian
Affairs. The majority of those exclusions
in section 10.5 have an effective date of
May 27, 2004. In addition, a CATEX for
single family homesites at section
10.5(M)(7), became effective August 10,
2012. See 77 FR 47862. Most recently,
CATEXs for forestry activities at
Sections 10.5(H)(11), (12), and (13),
became effective February 13, 2015. See
80 FR 8098. All of these CATEXs
currently in effect are listed below:
10.5 Categorical Exclusions.
A. Operation, Maintenance, and
Replacement of Existing Facilities.
Examples are normal renovation of
buildings, road maintenance and
limited rehabilitation of irrigation
structures.
B. Transfer of Existing Federal
Facilities to Other Entities. Transfer of
existing operation and maintenance
activities of Federal facilities to tribal
groups, water user organizations, or
other entities where the anticipated
operation and maintenance activities are
in a signed contract, follow BIA policy,
and no change in operations or
maintenance is anticipated.
C. Human Resources Programs.
Examples are social services, education
services, employment assistance, tribal
operations, law enforcement and credit
and financing activities not related to
development.
D. Administrative Actions and Other
Activities Relating to Trust Resources.
Examples are: Management of trust
funds (collection and distribution),
budget, finance, estate planning, wills
and appraisals.
E. Self-Determination and SelfGovernance.
(1) Self-Determination Act contracts
and grants for BIA programs listed as
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categorical exclusions, or for programs
in which environmental impacts are
adequately addressed in earlier NEPA
analysis.
(2) Self-Governance compacts for BIA
programs which are listed as categorical
exclusions or for programs in which
environmental impacts are adequately
addressed in earlier NEPA analysis.
F. Rights-of-Way.
(1) Rights-of-Way inside another rightof-way, or amendments to rights-of-way
where no deviations from or additions
to the original right-of-way are involved
and where there is an existing NEPA
analysis covering the same or similar
impacts in the right-of-way area.
(2) Service line agreements to an
individual residence, building or well
from an existing facility where
installation will involve no clearance of
vegetation from the right-of-way other
than for placement of poles, signs
(including highway signs), or buried
power/cable lines.
(3) Renewals, assignments and
conversions of existing rights-of-way
where there would be essentially no
change in use and continuation would
not lead to environmental degradation.
G. Minerals.
(1) Approval of permits for geologic
mapping, inventory, reconnaissance and
surface sample collecting.
(2) Approval of unitization
agreements, pooling or communitization
agreements.
(3) Approval of mineral lease
adjustments and transfers, including
assignments and subleases.
(4) Approval of royalty
determinations such as royalty rate
adjustments of an existing lease or
contract agreement.
H. Forestry.
(1) Approval of free-use cutting,
without permit, to Indian owners for onreservation personal use of forest
products, not to exceed 2,500 feet board
measure when cutting will not
adversely affect associated resources
such as riparian zones, areas of special
significance, etc.
(2) Approval and issuance of cutting
permits for forest products not to exceed
$5,000 in value.
(3) Approval and issuance of paid
timber cutting permits or contracts for
products valued at less than $25,000
when in compliance with policies and
guidelines established by a current
management plan addressed in earlier
NEPA analysis.
(4) Approval of annual logging plans
when in compliance with policies and
guidelines established by a current
management plan addressed in earlier
NEPA analysis.
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(5) Approval of Fire Management
Planning Analysis detailing emergency
fire suppression activities.
(6) Approval of emergency forest and
range rehabilitation plans when limited
to environmental stabilization on less
than 10,000 acres and not including
approval of salvage sales of damaged
timber.
(7) Approval of forest stand
improvement projects of less than 2000
acres when in compliance with policies
and guidelines established by a current
management plan addressed in earlier
NEPA analysis.
(8) Approval of timber management
access skid trail and logging road
construction when consistent with
policies and guidelines established by a
current management plan addressed in
earlier NEPA analysis.
(9) Approval of prescribed burning
plans of less than 2000 acres when in
compliance with policies and guidelines
established by a current management
plan addressed in earlier NEPA
analysis.
(10) Approval of forestation projects
with native species and associated
protection and site preparation activities
on less than 2000 acres when consistent
with policies and guidelines established
by a current management plan
addressed in earlier NEPA analysis.
(11) Harvesting live trees not to
exceed 70 acres, requiring no more than
0.5 mile of temporary road construction.
Such activities:
(a) Shall not include even-aged
regeneration harvests or vegetation type
conversions.
(b) May include incidental removal of
trees for landings, skid trails, and road
clearing.
(c) May include temporary roads
which are defined as roads authorized
by contract, permit, lease, other written
authorization, or emergency operation
not intended to be part of the BIA or
Tribal transportation systems and not
necessary for long-term resource
management. Temporary roads shall be
designed to standards appropriate for
the intended uses, considering safety,
cost of transportation, and impacts on
land and resources; and
(d) Shall require the treatment of
temporary roads constructed or used so
as to permit the reestablishment by
artificial or natural means, of vegetative
cover on the roadway and areas where
the vegetative cover was disturbed by
the construction or use of the road, as
necessary to minimize erosion from the
disturbed area. Such treatment shall be
designed to reestablish vegetative cover
as soon as practicable, but at least
within 10 years after the termination of
the contract.
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Examples include, but are not limited
to:
(a) Removing individual trees for
sawlogs, specialty products, or
fuelwood.
(b) Commercial thinning of
overstocked stands to achieve the
desired stocking level to increase health
and vigor.
(12) Salvaging dead or dying trees not
to exceed 250 acres, requiring no more
than 0.5 mile of temporary road
construction. Such activities:
(a) May include incidental removal of
live or dead trees for landings, skid
trails, and road clearing.
(b) May include temporary roads
which are defined as roads authorized
by contract, permit, lease, other written
authorization, or emergency operation
not intended to be part of the BIA or
Tribal transportation systems and not
necessary for long-term resource
management. Temporary roads shall be
designed to standards appropriate for
the intended uses, considering safety,
cost of transportation, and impacts on
land and resources; and
(c) Shall require the treatment of
temporary roads constructed or used so
as to permit the reestablishment, by
artificial or natural means, of vegetative
cover on the roadway and areas where
the vegetative cover was disturbed by
the construction or use of the road, as
necessary to minimize erosion from the
disturbed area. Such treatment shall be
designed to reestablish vegetative cover
as soon as practicable, but at least
within 10 years after the termination of
the contract.
(d) For this CE, a dying tree is defined
as a standing tree that has been severely
damaged by forces such as fire, wind,
ice, insects, or disease, such that in the
judgment of an experienced forest
professional or someone technically
trained for the work, the tree is likely to
die within a few years.
Examples include, but are not limited
to:
(a) Harvesting a portion of a stand
damaged by a wind or ice event.
(b) Harvesting fire damaged trees.
(13) Commercial and noncommercial
sanitation harvest of trees to control
insects or disease not to exceed 250
acres, requiring no more than 0.5 miles
of temporary road construction. Such
activities:
(a) May include removal of infested/
infected trees and adjacent live
uninfested/uninfected trees as
determined necessary to control the
spread of insects or disease and
(b) May include incidental removal of
live or dead trees for landings, skid
trails, and road clearing.
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(c) May include temporary roads
which are defined as roads authorized
by contract, permit, lease, other written
authorization, or emergency operation
not intended to be part of the BIA or
tribal transportation systems and not
necessary for long-term resource
management. Temporary roads shall be
designed to standards appropriate for
the intended uses, considering safety,
cost of transportation, and impacts on
land and resources; and
(d) Shall require the treatment of
temporary roads constructed or used so
as to permit the reestablishment, by
artificial or natural means, of vegetative
cover on the roadway and areas where
the vegetative cover was disturbed by
the construction or use of the road, as
necessary to minimize erosion from the
disturbed area. Such treatment shall be
designed to reestablish vegetative cover
as soon as practicable, but at least
within 10 years after the termination of
the contract.
Examples include, but are not limited
to:
(a) Felling and harvesting trees
infested with mountain pine beetles and
immediately adjacent uninfested trees to
control expanding spot infestations (a
buffer) and
(b) Removing or destroying trees
infested or infected with a new exotic
insect or disease, such as emerald ash
borer, Asian longhorned beetle, or
sudden oak death pathogen.
I. Land Conveyance and Other
Transfers. Approvals or grants of
conveyances and other transfers of
interests in land where no change in
land use is planned.
J. Reservation Proclamations. Lands
established as or added to a reservation
pursuant to 25 U.S.C. 467, where no
change in land use is planned.
K. Waste Management.
(1) Closure operations for solid waste
facilities when done in compliance with
other federal laws and regulations and
where cover material is taken from
locations which have been approved for
use by earlier NEPA analysis.
(2) Activities involving remediation of
hazardous waste sites if done in
compliance with applicable federal laws
such as the Resource Conservation and
Recovery Act (Pub. L. 94–580),
Comprehensive Environmental
Response, Compensation, and Liability
Act (Pub. L. 96–516) or Toxic
Substances Control Act (Pub. L. 94–
469).
L. Roads and Transportation.
(1) Approval of utility installations
along or across a transportation facility
located in whole within the limits of the
roadway right-of-way.
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(2) Construction of bicycle and
pedestrian lanes and paths adjacent to
existing highways and within the
existing rights-of-way.
(3) Activities included in a ‘‘highway
safety plan’’ under 23 CFR 402.
(4) Installation of fencing, signs,
pavement markings, small passenger
shelters, traffic signals, and railroad
warning devices where no substantial
land acquisition or traffic disruption
will occur.
(5) Emergency repairs under 23 U.S.C.
125.
(6) Acquisition of scenic easements.
(7) Alterations to facilities to make
them accessible for the elderly or
handicapped.
(8) Resurfacing a highway without
adding to the existing width.
(9) Rehabilitation, reconstruction or
replacement of an existing bridge
structure on essentially the same
alignment or location (e.g., widening,
adding shoulders or safety lanes,
walkways, bikeways or guardrails).
(10) Approvals for changes in access
control within existing right-of-ways.
(11) Road construction within an
existing right-of-way which has already
been acquired for a HUD housing
project and for which earlier NEPA
analysis has already been prepared.
M. Other.
(1) Data gathering activities such as
inventories, soil and range surveys,
timber cruising, geological, geophysical,
archeological, paleontological and
cadastral surveys.
(2) Establishment of non-disturbance
environmental quality monitoring
programs and field monitoring stations
including testing services.
(3) Actions where BIA has
concurrence or co-approval with
another Bureau and the action is
categorically excluded for that Bureau.
(4) Approval of an Application for
Permit to Drill for a new water source
or observation well.
(5) Approval of conversion of an
abandoned oil well to a water well if
water facilities are established only near
the well site.
(6) Approval and issuance of permits
under the Archaeological Resources
Protection Act (16 U.S.C. 470aa-ll) when
the permitted activity is being done as
a part of an action for which a NEPA
analysis has been, or is being prepared.
(7) Approval of leases, easements or
funds for single-family homesites and
associated improvements, including but
not limited to, construction of homes,
outbuildings, access roads, and utility
lines, which encompass five acres or
less of contiguous land, provided that
such sites and associated improvements
do not adversely affect any tribal
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
cultural resources or historic properties
and are in compliance with applicable
federal and tribal laws. Home
construction may include up to four
dwelling units, whether in a single
building or up to four separate
buildings.
III. Comments Invited
The BIA encourages interested
persons to submit written comments on
any BIA CATEX. For example,
comments may address keeping,
revising, or deleting current CATEXS
and suggest new CATEXS for
consideration. Persons submitting
information should include their name,
address, and other appropriate contact
information. Before including such
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. You may submit your information
by one of the means listed under
ADDRESSES. If you submit information
by mail or hand delivery, submit them
in an unbound format, no larger than
8 1⁄2 by 11 inches, suitable for copying
and electronic filing. If you submit
information by mail and would like to
know it was received, please enclose a
stamped, self-addressed postcard or
envelope. The BIA will consider all
comments received during the comment
period.
Dated: January 24, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–04513 Filed 3–5–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AA–9381, AA–9414, AA–9415, AA–9419,
AA–9420, AA–9429, AA–9430, AA–9437,
AA–9699, AA–9722; 18X.LLAK944000.
L14100000.HY0000.P]
sradovich on DSK3GMQ082PROD with NOTICES
Alaska Native Claims Selection
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Land
Management (BLM) hereby provides
constructive notice that it will issue an
appealable decision approving
conveyance of the surface and
SUMMARY:
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subsurface estates in certain lands to
Calista Corporation, an Alaska Native
regional corporation, pursuant to the
Alaska Native Claims Settlement Act of
1971, as amended (ANCSA).
Any party claiming a property
interest in the lands affected by the
decision may appeal the decision in
accordance with the requirements of 43
CFR part 4 within the time limits set out
in the SUPPLEMENTARY INFORMATION
section.
DATES:
You may obtain a copy of
the decision from the Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Chelsea Kreiner, BLM Alaska State
Office, 907–271–4205, or ckreiner@
blm.gov. The BLM Alaska State Office
may also be contacted via
Telecommunications Device for the Deaf
(TDD) through the Federal Relay Service
at 1–800–877–8339. The relay service is
available 24 hours a day, 7 days a week,
to leave a message or question with the
BLM. The BLM will reply during
normal business hours.
As
required by 43 CFR 2650.7(d), notice is
hereby given that the BLM will issue an
appealable decision to Calista
Corporation. The decision approves
conveyance of the surface and
subsurface estates in certain lands
pursuant to ANCSA (43 U.S.C. 1601, et
seq.), as amended. The lands are located
within the Yukon Delta National
Wildlife Refuge, and aggregate 122.49
acres. The BLM will also publish the
notice of the decision once a week for
four consecutive weeks in The Delta
Discovery newspaper.
Any party claiming a property interest
in the lands affected by the decision
may appeal the decision in accordance
with the requirements of 43 CFR part 4
within the following time limits:
1. Unknown parties, parties unable to
be located after reasonable efforts have
been expended to locate, parties who
fail or refuse to sign their return receipt,
and parties who receive a copy of the
decision by regular mail which is not
certified, return receipt requested, shall
have until April 5, 2018 to file an
appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4 shall be deemed to have
waived their rights. Notices of appeal
SUPPLEMENTARY INFORMATION:
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transmitted by facsimile will not be
accepted as timely filed.
Chelsea Kreiner,
Land Law Examiner, Adjudication Section.
[FR Doc. 2018–04474 Filed 3–5–18; 8:45 am]
BILLING CODE 4310–JA–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAD01000 L12200000.PM0000
18XL1109AF]
Meetings of the Dumont Dunes
Subgroup of the California Desert
District Advisory Council, CA
Bureau of Land Management,
Interior.
ACTION: Notice of public meetings.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976, the Federal Advisory
Committee Act of 1972, and the Federal
Lands Recreation Enhancement Act of
2004 (REA), the U.S. Department of the
Interior, Bureau of Land Management
(BLM) Dumont Dunes Subgroup of the
California Desert District Advisory
Council (DAC) will meet as indicated
below.
SUMMARY:
The BLM’s Dumont Dunes
Subgroup of the California DAC will
hold public meetings on March 24,
2018, from 12:00 p.m. to 2:30 p.m., and
on September 18, 2018, from 12:00 p.m.
to 2:30 p.m.
ADDRESSES: The meetings will be held at
the Barstow Field Office, 2601 Barstow
Rd., Barstow, CA 92311.
FOR FURTHER INFORMATION CONTACT:
Katrina Symons, BLM Barstow Field
Office, email: ksymons@blm.gov,
telephone: 760–252–6000. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal hours.
SUPPLEMENTARY INFORMATION: The
Dumont Dunes Subgroup operates
under the authority of the DAC and
provides input to the BLM regarding
issues pertinent to the Dumont Dunes
Off-Highway Vehicle Area. Meetings are
open to the public. Proposed agenda
items for the two public meetings
include holiday volunteer scheduling
and BLM updates on management of the
Area, according to the principles of
multiple use and sustained yield. The
DATES:
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[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9535-9538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04513]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900 253G]
Updates to Bureau of Indian Affairs Categorical Exclusions Under
the National Environmental Policy Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed action and request for comments.
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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to amend its
categorical exclusions (CATEXs) under the National Environmental Policy
Act of 1969 (NEPA) for certain BIA actions and is seeking comment. The
BIA is requesting comment on whether to revise or delete any current
CATEXs or add any new CATEXs.
DATES: Comments and related material must be postmarked no later than
May 7, 2018.
ADDRESSES: Please submit your comments by only one of the following
means: (1) By mail to: Dr. BJ Howerton, MBA, Branch Chief Environmental
and Cultural Resource Management C/O Department of the Interior, 12220
Sunrise Valley Drive, Reston, VA 20192; or (2) by email to:
[email protected]. Please put ``CATEX'' in the subject line.
FOR FURTHER INFORMATION CONTACT: Dr. BJ Howerton, (703) 390-6524,
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NEPA requires Federal agencies to consider the potential
environmental consequences of their decisions before deciding whether
and how to proceed. The Council on Environmental Quality (CEQ)
encourages Federal agencies to use CATEXs to protect the environment
more efficiently by: (a) Reducing the resources spent analyzing
proposals which generally do not have potentially significant
environmental impacts, and (b) focusing resources on proposals that may
have significant environmental impacts. The appropriate use of CATEXs
allow the NEPA review to be concluded without preparing either an
environmental assessment (EA) or an environmental impact statement
(EIS) (40 CFR 1500.4(p) and Sec. 1508.4).
The CEQ regulations implementing NEPA define CATEXs as a category
of actions that do not individually or cumulatively have a significant
effect on the human environment, and for which, therefore, neither an
EA nor an EIS is required. (40 CFR 1508.4). The CEQ regulations
encourage the use of CATEXs to reduce unnecessary paperwork and delays.
A CATEX is a form of NEPA compliance; it is not an exemption from NEPA,
but an exemption from requirements to prepare an EIS. Agency procedures
must consider ``extraordinary circumstances,'' in which case a normally
excluded action may have a significant effect and require preparation
of an EA or EIS.
The Department of the Interior (Interior) has established CATEXs at
43 CFR 46.210. In addition, BIA has bureau-specific CATEXs. The most
recent CATEXs BIA established were three based on CATEXs currently used
by the United States Forest Service (FS), as described in FS
regulations 36 CFR 220, and by the Bureau of Land Management (BLM), as
described the Departmental Manual, 516 DM 11. The BIA relied on the
experience of the FS and BLM and applied its expertise to
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benchmark these CATEXs and determined these are appropriate to
establish as BIA CATEXs. Because these CATEXs have important
implications for actions occurring on Indian lands, the BIA initiated
consultation and requested comments from all federally recognized
Tribes. This consultation period began on July 23, 2014, and concluded
on September 21, 2014. A notice published in the Federal Register on
November 14, 2014 (79 FR 68287) solicited public comments for that
CATEX and ultimately, BIA adopted the forestry CATEXs. See 80 FR 8098
(Feb. 13, 2015).
This notice provides information on current BIA CATEXs and requests
comment.
II. Current BIA CATEXs
Most of the current BIA CATEXs reside in the Departmental Manual in
Part 516 Chapter 10: Managing the NEPA Process--Bureau of Indian
Affairs. The majority of those exclusions in section 10.5 have an
effective date of May 27, 2004. In addition, a CATEX for single family
homesites at section 10.5(M)(7), became effective August 10, 2012. See
77 FR 47862. Most recently, CATEXs for forestry activities at Sections
10.5(H)(11), (12), and (13), became effective February 13, 2015. See 80
FR 8098. All of these CATEXs currently in effect are listed below:
10.5 Categorical Exclusions.
A. Operation, Maintenance, and Replacement of Existing Facilities.
Examples are normal renovation of buildings, road maintenance and
limited rehabilitation of irrigation structures.
B. Transfer of Existing Federal Facilities to Other Entities.
Transfer of existing operation and maintenance activities of Federal
facilities to tribal groups, water user organizations, or other
entities where the anticipated operation and maintenance activities are
in a signed contract, follow BIA policy, and no change in operations or
maintenance is anticipated.
C. Human Resources Programs. Examples are social services,
education services, employment assistance, tribal operations, law
enforcement and credit and financing activities not related to
development.
D. Administrative Actions and Other Activities Relating to Trust
Resources. Examples are: Management of trust funds (collection and
distribution), budget, finance, estate planning, wills and appraisals.
E. Self-Determination and Self-Governance.
(1) Self-Determination Act contracts and grants for BIA programs
listed as categorical exclusions, or for programs in which
environmental impacts are adequately addressed in earlier NEPA
analysis.
(2) Self-Governance compacts for BIA programs which are listed as
categorical exclusions or for programs in which environmental impacts
are adequately addressed in earlier NEPA analysis.
F. Rights-of-Way.
(1) Rights-of-Way inside another right-of-way, or amendments to
rights-of-way where no deviations from or additions to the original
right-of-way are involved and where there is an existing NEPA analysis
covering the same or similar impacts in the right-of-way area.
(2) Service line agreements to an individual residence, building or
well from an existing facility where installation will involve no
clearance of vegetation from the right-of-way other than for placement
of poles, signs (including highway signs), or buried power/cable lines.
(3) Renewals, assignments and conversions of existing rights-of-way
where there would be essentially no change in use and continuation
would not lead to environmental degradation.
G. Minerals.
(1) Approval of permits for geologic mapping, inventory,
reconnaissance and surface sample collecting.
(2) Approval of unitization agreements, pooling or communitization
agreements.
(3) Approval of mineral lease adjustments and transfers, including
assignments and subleases.
(4) Approval of royalty determinations such as royalty rate
adjustments of an existing lease or contract agreement.
H. Forestry.
(1) Approval of free-use cutting, without permit, to Indian owners
for on-reservation personal use of forest products, not to exceed 2,500
feet board measure when cutting will not adversely affect associated
resources such as riparian zones, areas of special significance, etc.
(2) Approval and issuance of cutting permits for forest products
not to exceed $5,000 in value.
(3) Approval and issuance of paid timber cutting permits or
contracts for products valued at less than $25,000 when in compliance
with policies and guidelines established by a current management plan
addressed in earlier NEPA analysis.
(4) Approval of annual logging plans when in compliance with
policies and guidelines established by a current management plan
addressed in earlier NEPA analysis.
(5) Approval of Fire Management Planning Analysis detailing
emergency fire suppression activities.
(6) Approval of emergency forest and range rehabilitation plans
when limited to environmental stabilization on less than 10,000 acres
and not including approval of salvage sales of damaged timber.
(7) Approval of forest stand improvement projects of less than 2000
acres when in compliance with policies and guidelines established by a
current management plan addressed in earlier NEPA analysis.
(8) Approval of timber management access skid trail and logging
road construction when consistent with policies and guidelines
established by a current management plan addressed in earlier NEPA
analysis.
(9) Approval of prescribed burning plans of less than 2000 acres
when in compliance with policies and guidelines established by a
current management plan addressed in earlier NEPA analysis.
(10) Approval of forestation projects with native species and
associated protection and site preparation activities on less than 2000
acres when consistent with policies and guidelines established by a
current management plan addressed in earlier NEPA analysis.
(11) Harvesting live trees not to exceed 70 acres, requiring no
more than 0.5 mile of temporary road construction. Such activities:
(a) Shall not include even-aged regeneration harvests or vegetation
type conversions.
(b) May include incidental removal of trees for landings, skid
trails, and road clearing.
(c) May include temporary roads which are defined as roads
authorized by contract, permit, lease, other written authorization, or
emergency operation not intended to be part of the BIA or Tribal
transportation systems and not necessary for long-term resource
management. Temporary roads shall be designed to standards appropriate
for the intended uses, considering safety, cost of transportation, and
impacts on land and resources; and
(d) Shall require the treatment of temporary roads constructed or
used so as to permit the reestablishment by artificial or natural
means, of vegetative cover on the roadway and areas where the
vegetative cover was disturbed by the construction or use of the road,
as necessary to minimize erosion from the disturbed area. Such
treatment shall be designed to reestablish vegetative cover as soon as
practicable, but at least within 10 years after the termination of the
contract.
[[Page 9537]]
Examples include, but are not limited to:
(a) Removing individual trees for sawlogs, specialty products, or
fuelwood.
(b) Commercial thinning of overstocked stands to achieve the
desired stocking level to increase health and vigor.
(12) Salvaging dead or dying trees not to exceed 250 acres,
requiring no more than 0.5 mile of temporary road construction. Such
activities:
(a) May include incidental removal of live or dead trees for
landings, skid trails, and road clearing.
(b) May include temporary roads which are defined as roads
authorized by contract, permit, lease, other written authorization, or
emergency operation not intended to be part of the BIA or Tribal
transportation systems and not necessary for long-term resource
management. Temporary roads shall be designed to standards appropriate
for the intended uses, considering safety, cost of transportation, and
impacts on land and resources; and
(c) Shall require the treatment of temporary roads constructed or
used so as to permit the reestablishment, by artificial or natural
means, of vegetative cover on the roadway and areas where the
vegetative cover was disturbed by the construction or use of the road,
as necessary to minimize erosion from the disturbed area. Such
treatment shall be designed to reestablish vegetative cover as soon as
practicable, but at least within 10 years after the termination of the
contract.
(d) For this CE, a dying tree is defined as a standing tree that
has been severely damaged by forces such as fire, wind, ice, insects,
or disease, such that in the judgment of an experienced forest
professional or someone technically trained for the work, the tree is
likely to die within a few years.
Examples include, but are not limited to:
(a) Harvesting a portion of a stand damaged by a wind or ice event.
(b) Harvesting fire damaged trees.
(13) Commercial and noncommercial sanitation harvest of trees to
control insects or disease not to exceed 250 acres, requiring no more
than 0.5 miles of temporary road construction. Such activities:
(a) May include removal of infested/infected trees and adjacent
live uninfested/uninfected trees as determined necessary to control the
spread of insects or disease and
(b) May include incidental removal of live or dead trees for
landings, skid trails, and road clearing.
(c) May include temporary roads which are defined as roads
authorized by contract, permit, lease, other written authorization, or
emergency operation not intended to be part of the BIA or tribal
transportation systems and not necessary for long-term resource
management. Temporary roads shall be designed to standards appropriate
for the intended uses, considering safety, cost of transportation, and
impacts on land and resources; and
(d) Shall require the treatment of temporary roads constructed or
used so as to permit the reestablishment, by artificial or natural
means, of vegetative cover on the roadway and areas where the
vegetative cover was disturbed by the construction or use of the road,
as necessary to minimize erosion from the disturbed area. Such
treatment shall be designed to reestablish vegetative cover as soon as
practicable, but at least within 10 years after the termination of the
contract.
Examples include, but are not limited to:
(a) Felling and harvesting trees infested with mountain pine
beetles and immediately adjacent uninfested trees to control expanding
spot infestations (a buffer) and
(b) Removing or destroying trees infested or infected with a new
exotic insect or disease, such as emerald ash borer, Asian longhorned
beetle, or sudden oak death pathogen.
I. Land Conveyance and Other Transfers. Approvals or grants of
conveyances and other transfers of interests in land where no change in
land use is planned.
J. Reservation Proclamations. Lands established as or added to a
reservation pursuant to 25 U.S.C. 467, where no change in land use is
planned.
K. Waste Management.
(1) Closure operations for solid waste facilities when done in
compliance with other federal laws and regulations and where cover
material is taken from locations which have been approved for use by
earlier NEPA analysis.
(2) Activities involving remediation of hazardous waste sites if
done in compliance with applicable federal laws such as the Resource
Conservation and Recovery Act (Pub. L. 94-580), Comprehensive
Environmental Response, Compensation, and Liability Act (Pub. L. 96-
516) or Toxic Substances Control Act (Pub. L. 94-469).
L. Roads and Transportation.
(1) Approval of utility installations along or across a
transportation facility located in whole within the limits of the
roadway right-of-way.
(2) Construction of bicycle and pedestrian lanes and paths adjacent
to existing highways and within the existing rights-of-way.
(3) Activities included in a ``highway safety plan'' under 23 CFR
402.
(4) Installation of fencing, signs, pavement markings, small
passenger shelters, traffic signals, and railroad warning devices where
no substantial land acquisition or traffic disruption will occur.
(5) Emergency repairs under 23 U.S.C. 125.
(6) Acquisition of scenic easements.
(7) Alterations to facilities to make them accessible for the
elderly or handicapped.
(8) Resurfacing a highway without adding to the existing width.
(9) Rehabilitation, reconstruction or replacement of an existing
bridge structure on essentially the same alignment or location (e.g.,
widening, adding shoulders or safety lanes, walkways, bikeways or
guardrails).
(10) Approvals for changes in access control within existing right-
of-ways.
(11) Road construction within an existing right-of-way which has
already been acquired for a HUD housing project and for which earlier
NEPA analysis has already been prepared.
M. Other.
(1) Data gathering activities such as inventories, soil and range
surveys, timber cruising, geological, geophysical, archeological,
paleontological and cadastral surveys.
(2) Establishment of non-disturbance environmental quality
monitoring programs and field monitoring stations including testing
services.
(3) Actions where BIA has concurrence or co-approval with another
Bureau and the action is categorically excluded for that Bureau.
(4) Approval of an Application for Permit to Drill for a new water
source or observation well.
(5) Approval of conversion of an abandoned oil well to a water well
if water facilities are established only near the well site.
(6) Approval and issuance of permits under the Archaeological
Resources Protection Act (16 U.S.C. 470aa-ll) when the permitted
activity is being done as a part of an action for which a NEPA analysis
has been, or is being prepared.
(7) Approval of leases, easements or funds for single-family
homesites and associated improvements, including but not limited to,
construction of homes, outbuildings, access roads, and utility lines,
which encompass five acres or less of contiguous land, provided that
such sites and associated improvements do not adversely affect any
tribal
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cultural resources or historic properties and are in compliance with
applicable federal and tribal laws. Home construction may include up to
four dwelling units, whether in a single building or up to four
separate buildings.
III. Comments Invited
The BIA encourages interested persons to submit written comments on
any BIA CATEX. For example, comments may address keeping, revising, or
deleting current CATEXS and suggest new CATEXS for consideration.
Persons submitting information should include their name, address, and
other appropriate contact information. Before including such personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so. You may
submit your information by one of the means listed under ADDRESSES. If
you submit information by mail or hand delivery, submit them in an
unbound format, no larger than 8 \1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit information by mail and
would like to know it was received, please enclose a stamped, self-
addressed postcard or envelope. The BIA will consider all comments
received during the comment period.
Dated: January 24, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-04513 Filed 3-5-18; 8:45 am]
BILLING CODE 4337-15-P
